ACLU questions Pa. city law on nuisance properties

ASSOCIATED PRESS

October 20, 2013 12:01 AM

ASSOCIATED PRESS

October 20, 2013 12:01 AM

WILKES-BARRE -- A new ordinance that allows officials in Wilkes-Barre to shut down nuisance rental properties has drawn the attention of the American Civil Liberties Union, which said the statute violates the rights of tenants and building owners.

The law permits the northeastern Pennsylvania city to impose six-month closures on any rental unit that generates three reports of "disruptive conduct." However, a single charge of illegal drug or gun activity -- the so-called "one strike" provision -- can also trigger an immediate shutdown.

The ACLU warned Mayor Tom Leighton in a letter Oct. 3 that the measures are unconstitutional, and asked the city either to amend or stop enforcing the law.

"This will necessarily result in the eviction of tenants from their home, even where the tenant is the victim, and not the perpetrator, of criminal activity," the ACLU wrote.

Assistant City Solicitor Bill Vinsko told the Times-Leader that the city "has no plans to change any part of the ordinance." Still, he expects to meet with ACLU representatives within the next month.

"We're willing to discuss all issues," Vinsko said. "We want to keep an open dialogue."

Wilkes-Barre City Council enacted the statute to combat a spike in violent crime, Vinsko said.